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Home My WebLink AboutTB-03/14/2018 ELIZABETH A. NEVILLE gDFFp(� Town Hall, 53095 Main Road TOWN CLERK �oo�° 0ooy PO Box 1179 Southold,NY 11971 REGISTRAR OF VITAL STATISTICS o Fax(631)765-6145 MARRIAGE OFFICER y�'o! �a°� Telephone: (631)765 - 1800 RECORDS MANAGEMENT OFFICER # southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK SOUTHOLD TOWN BOARD REGULAR MEETING March 14, 2018 7:30 PM A Regular Meeting of the Southold Town Board was held Wednesday, March 14, 2018 at the Meeting Hall, Southold,NY. Call to Order 7:30 PM Meeting called to order on March 14, 2018 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name _ Organization __ _MTitle _Status Arrived James Dinizio Jr Town of Southold Councilman Present William P. Ruland Town of Southold--- Councilman Present Jill Doherty Town of Southold_ Councilwoman Present Robert Ghosio Town of Southold Councilman Present Louisa P. Evans Town of Southold Justice Present Scott A. Russell Town of Southold Supervisor Present 1. Reports 1. Department of Public Works Monthly Report 2. Town Clerk Monthly Report 3. Zoning Board of Appeals Monthly Report 4. Recreation Department Monthly Report 5. Justice Court Reports 6. Department of Solid Waste Monthly Reports Southold Town Regular Board Meeting March 14, 2018 page 2 II. Public Notices III. Communications IV. Discussion 1. 9:00 AM - Michael Domino 2. 9:15 AM - Chris Baiz with Members of the Agricultural Advisory Committee 3. 9:45 Am -Justice Evans, Vincent Orlando and Kristie Hansen-Hightower 4. 10:00 Am - Lloyd Reisenberg 5. 10:15 Am - Denis Noncarrow, Michael Collins and Jamie Richter 6. Councilwoman Doherty 7. Code Amendment to Chapter 280 8. Discussion of Helicopter Landings in Residential Districts 9. Code Enforcement-Short Term Rentals Motion To: Motion to Enter Executive RESOLVED that the Town Board of the Town of Southold hereby Enter into Executive Session at 11:19 AM for the purpose of discussing the following matters: RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell 10. EXECUTIVE SESSION - Potential Property Acquisition(s), Publicity of Which Would Substantially Affect the Value Thereof 11. EXECUTIVE SESSION - Matter Involving the Lease of Real Property Where Publicity Could Substantially Affect the Value Thereof 12. EXECUTIVE SESSION - Labor- Matters Involving the Employment of a Particular Person(s) 13. EXECUTIVE SESSION - Litigation Motion To: Motion to Exit Executive RESOLVED that the Town Board of the Town of Southold hereby Exit/Recess from this Executive Session at 12:50 PM. Southold Town Regular Board Meeting March 14, 2018 page 3 RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Opening Comments Supervisor Russell SUPERVISOR RUSSELL: Please rise and join in the Pledge of Allegiance. Thank you. Would anybody like to address the Town Board on any of the agenda items? Benja Schwartz BENJA SCHWARTZ: Long time no see. Benja Schwartz, Cutchogue. How you all doing tonight? Pleasure to see you this morning. How do you like working, holding the Board meeting on a Wednesday? SUPERVISOR RUSSELL: It feels a lot like Tuesday. MR. SCHWARTZ: Coincidentally, a couple of weeks ago, I was thinking about the way the Board meetings, I think at one point they were all scheduled at the same day, same time and then I think it was Jean Cochran, Supervisor Cochran, that decided that we could, wasn't it that scheduled the 4:30 and 7:30 meetings? SUPERVISOR RUSSELL: I don't know. Good move, whoever's idea it was, it was a good move. JUSTICE EVANS: I think what Supervisor Cochran did was during the summer, all the meetings were at 4:30 and then we went back to the 4:30, 7:30. r MR. SCHWARTZ: Oh, really? JUSTICE EVANS: I am not sure. MR. SCHWARTZ: That was a long time ago. Well, I sometimes have trouble remembering whether it's 4:30 or 7:30 but I was thinking maybe other people, like myself, that are usually on Tuesday's unavailable and it might be something to think about scheduling the meetings regularly, say the 4:30 meetings on Wednesday and the 7:30, you can alternate like that. Just an idea. Back to today's agenda, I know there's no public hearing tonight and I understand you are proposing a resolution to reschedule the proposed code, new code. So I am trying to remember which code it is we are working on here, this one, Special Events law. So in thinking about special events, I would like to talk to you about the law tonight because I believe that it shouldn't be rescheduled but that it should be sent back to the code committee for revisions before it should be rescheduled. SUPERVISOR RUSSELL: We will have a public hearing on that in two weeks... Southold Town Regular Board Meeting March 14, 2018 page 4 MR. SCHWARTZ: No, no, I am talking about on the resolution tonight to reschedule. SUPERVISOR RUSSELL: Fair enough. MR. SCHWARTZ: But as a part of that, the subject matter of the law is relevant. Now, correct me if I am wrong basically this proposed law is a rewrite of the old law with a prominent major change being rather than the Chairman of the Zoning Board of Appeals making the initial decisions, the Board would make the initial decisions. Is that correct? SUPERVISOR RUSSELL: Yes. Yes. Right now we already make the review and approvals for large events. This would simply say all events. When the law was originally created, there needed to be some point person to go through these applications and render these decisions. The chair of the ZBA at the time was elected to do it. Honestly, it's so far out of the scope of what the ZBA chair should do, Zoning Board of Appeals should do but for lack of a position more compelling, we opted for that. There was never an understanding that it was always going to be that way, we needed go back and revisit and it makes sense at this point for the Town Board to do it. It doesn't change the process at all. Only changes the approval stage. It doesn't change, the Special Events legislation for the most part is still intact. MR. SCHWARTZ: Well, you know, I think it wouldn't be a bad idea to change some of the process also, while you are at it instead of just trying to pull out the chairman of the Zoning Board of Appeals and insert the Town Board. Maybe you look at the Special Events and in the context of regularly scheduled events and work on it as a whole to create a law that makes more sense. I noticed there are still some references to the ZBA chair I believe in this law but I mean, the fact that it's changed from one person to an entire Board and from one person who is part of the town government, to the Town Board which is a key part of the town government, I think warrants a complete new consideration and respect. There's, you know,... SUPERVISOR RUSSELL: Just so you understand, there would be a public hearing in two weeks because what you are doing is you are making suggestions and commentary on the law itself. That's fine but the time and place for that is during the public hearing. MR. SCHWARTZ: Let me ask you something.... SUPERVISOR RUSSELL: Technically, the issue tonight would be whether we should adopt a resolution setting a hearing. The issue you would be commenting on is limit to say should we adopt a resolution that sets a public hearing in two weeks? That's the essence of what the resolution does. MR. SCHWARTZ: On the proposed law as it is. And what I am suggesting is that that law be taken off the table instead of rescheduled for a hearing two weeks from now, take it back to the code committee and I would like to discuss that with you. "SUPERVISOR RUSSELL: Well, but you are discussing the law itself. Honestly... Southold Town Regular Board Meeting March 14, 2018 page 5 MR. SCHWARTZ: No, I am discussing the process. SUPERVISOR RUSSELL: We can get through the resolutions.... MR. SCHWARTZ: With all due respect, could I ask you a question? SUPERVISOR RUSSELL: Sure. MR. SCHWARTZ: Let's say you did this all finished you make a, and I say I want to have a special event at my house and you know, there are things about the law that we need to work on such as I think there's a reference to the capacity, parking capacity requiring a site plan. Well, not every special event is held in a commercial forum that has a site plan. Let's say you say I can't have it and I don't like that, where do I go then? SUPERVISOR RUSSELL: Okay, this is the problem, you are discussing the details of the work session and the existing code, that's, we have a public hearing set for that or you can do that tonight when we get done with the agenda and the resolutions. Then we go to that portion of the meeting where you can discuss any issue. So that's where we are at. So if you are suggesting that.... MR. SCHWARTZ: You already told me to come back. I was here this morning and you wouldn't let me speak this morning. I had a question this morning... SUPERVISOR RUSSELL: At a work session... MR. SCHWARTZ: I had a question this morning which was relevant and would have been more meaningful if it was asked at the point where it was relevant. SUPERVISOR RUSSELL: But I... MR. SCHWARTZ: But now I am asking about and I am not asking you just, I am asking the Board, do you all think that this law is ready for a public hearing and ready for.... COUNCILWOMAN DOHERTY: Well, our intention for this proposal is to change who is reviewing the applications, we know that we have to go back and make other changes to the code but we are not, we are doing this change, in this proposal tonight is to change it from the Zoning Board to have the Town Board review. We are not proposing any other changes per se, a couple of little, minor administrative changes. We know as a Board we have to go back and look at the rest of it but we are not doing that at this juncture. MR. SCHWARTZ: Can you answer my question? If I don't like the decision you make, where do I go then? SUPERVISOR RUSSELL: The decision to put this on, the notice for public hearing? Because this is the action we are doing tonight. Southold Town Regular Board Meeting March 14, 2018 page 6 MR. SCHWARTZ: The decision of denial of the thing. Do you know the difference between an unconsolidated law and a codified law? SUPERVISOR RUSSELL: Actually, what I will do is I will take all of your questions at the end, if you remember today, I invited you to come back for the public portion of the board meeting, so what we want to do is get the resolutions... MR. SCHWARTZ: This is the public portion pertaining to the resolutions and my point pertains to this resolution. SUPERVISOR RUSSELL: No it doesn't. It pertains to the law itself. MR. SCHWARTZ: No it doesn't. SUPERVISOR RUSSELL: Yes it does. Because... MR. SCHWARTZ: It pertains to your scheduling a public hearing on this proposal. SUPERVISOR RUSSELL: Then keep your comments narrowed to that. MR. SCHWARTZ: I will try. This proposal that is incorporated into the agenda to be adjourned, I assume that was developed by the code committee? SUPERVISOR RUSSELL: The administrative, the minor administrative change? It was recommended to the Town Board. But again... MR. SCHWARTZ: Well the code committee recommended it to the Town Board. SUPERVISOR RUSSELL: You're suggesting that we shouldn't adopt a resolution and set the public hearing in two weeks. You're suggesting that we should scrap it all and go back to a code committee meeting. That's fine, I accept that as commentary but now we need to move on. And at the public side of the meeting you can raise any issue under the sun including this. Okay but your comment is..... MR. SCHWARTZ: You've told me before you don't have to listen to me, well, you are running the meeting, you can do what you want. SUPERVISOR RUSSELL: Then we just made a decision. We will come back to this when we are done... MR. SCHWARTZ: The point is that my comments will be irrelevant. You have already rescheduled it for a public hearing on another date. Southold Town Regular Board Meeting March 14, 2018 page 7 SUPERVISOR RUSSELL: You are saying that we should vote that resolution down. Your suggestion was accepted by this Board. We will take it under advisement when we come to the vote. MR. SCHWARTZ: You know, I think if I could just summarize. COUNCILMAN GHOSIO: On whether or not to have the thing rescheduled? MR. SCHWARTZ: Yes. COUNCILMAN GHOSIO: Inaudible. MR. SCHWARTZ: You know, after the resolutions, I would like to speak about the process and the general state of the town code and the process of reviewing and revising it etc. but at this point, the importance of that process in developing this specific proposal is that this, you are the Town Board. You are also the code committee. It's the exact same thing. The code committee is a copy of the Town Board. So you have referred this proposal to yourself and now you want the public to comment on it. And I would like to see more opportunity for public input at the level of the code committee, I would like to see the code committee operating with a secretary... SUPERVISOR RUSSELL: I agree with you. I agree with that. MR. SCHWARTZ: Well, when is it going to happen? SUPERVISOR RUSSELL: We need to do that, the problem is the nature of it. It's difficult to find people because we meet during the day and generally someone that takes minutes would be working already for the town. That's one of the problems. Also, let me just clarify, the code committee is not just the Town Board, it's made up of the chief building inspector, and several other representatives of town government, the Planning Director etc. but I accept everything you said but we want to get thisagenda done and then we'll offer up right after... MR. SCHWARTZ: The code committee has seven regular members and six of them are Town Board members and one is the Town Attorney who is also here and then there are two other members who is either the member and/or their designee. So three other members that it's either them or their designee, I am not sure why you don't send designees sometimes, but basically the regular members of the code committee are the same as the Town Board. I think you have an idea of what I propose but I don't think you understand why. SUPERVISOR RUSSELL: I would be interested in hearing it, I promise you. But we just want to get this done first. Would anyone like to address any of the agenda items and then we'll go to the public component after? Anne Murray ANNE MURRAY: Anne Murray, East Marion. Quick question on these two bond resolutions. SUPERVISOR RUSSELL: Yes. Southold Town Regular Board Meeting March 14, 2018 page 8 MS. MURRAY: Do these go to public hearing or are they just published in the newspaper? What is the next step in other words for these bond resolutions? SUPERVISOR RUSSELL: We would need to have a public hearing (inaudible) borrow that money. That's a bond resolutions, essentially declaring our intent...oh, this is for the purchase down the block? Oh, okay, this is for the short term. When we sell the bonds, if we ever sell the bonds, we have to have a public hearing for that. TOWN ATTORNEY DUFFY: It is subject to a permissive referendum. The resolution gets passed, it gets printed in the paper, the public has the opportunity to submit a petition calling for a referendum... MS. MURRAY: Oh, okay. Good to know because I see one is for the bank building, the other is for that property in Peconic. Is that the proposed sports east, maybe location? SUPERVISOR RUSSELL: It's not a proposed sports east. It's a piece of property the town wants to buy because we think it offers opportunities to the town and it might make a very good location for a sports east type of facility. Not sports east specifically. That's something we are certainly going to look at. MS. MURRAY: Yes, that was my question because there's sort of an impression out there that the town is trying to find sports east find a new location and my question was why would the town have to buy property which then might later go to sports east, why doesn't sports east just buy it directly? SUPERVISOR RUSSELL: Because we 50 uses for that property if an indoor facility doesn't come to pass. MS. MURRAY: Does the town intend to sell it to sports east? SUPERVISOR RUSSELL: Those are the details we would work out later. But again, you are discussing a specific project that was scheduled for Mattituck, my comments are, it would make a nice facility of that type. Whether it's sports east, the contractor there or it's someone else. It's a need that's been identified in the.comprehensive master plan. It's a need that the public very much wants, so... MS. MURRAY: I get that. SUPERVISOR RUSSELL: How it comes to fruition is something we will have to work out. MS. MURRAY: So it's possible the town could rent the property to a facility like sports east? SUPERVISOR RUSSELL: The town would have to look at all its options, absolutely. MS. MURRAY: Thank you. Southold Town Regular Board Meeting March 14, 2018 page 9 SUPERVISOR RUSSELL: Would anyone else like to address the Town Board? Steve? Steve Bates STEVE BATES: Good evening, I am Steve Bates. I am actually here to talk about the tourism marketing district which we'll deal with during the public comment. But I am sorry, we were a bit late. I guess you are entertaining a resolution to have a public hearing on special events in two weeks? SUPERVISOR RUSSELL: Yes. The hearing was scheduled for last night. Because of the snow event, the meeting was moved to today and we wanted to have enough notice since it is a public hearing. MR. BATES: So you don't have to do another 30 day notice? SUPERVISOR RUSSELL: I don't think we have to do a 30 day ever. I think the notice requirement is how many days? TOWN ATTORNEY DUFFY: Zoning is different but for this just three days notice. SUPERVISOR RUSSELL: 30 day notice is a policy of the town but it is not required by the law. MR. BATES: Okay, thanks. Supervisor Russell SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on any of the agenda items? (No response) V. Resolutions 2018-239 CATEGORY. Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated March 13, 2018. ✓Vote Record-Resolution RES-2018-239 0 Adopted Yes/Aye No/Nlay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter O ❑ ❑ ❑ ❑ Withdrawn I Robert Ghosio Seconder O ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Mover 0 0 0 0 Southold Town Regular Board Meeting March 14, 2018 page 10 ❑ Tax Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-240 CATEGORY. Set Meeting DEPARTMENT: Town Clerk Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, March 27, 2018 at Southold Town Hall, 53095 Main Road, Southold, New York at 4:30 P. M.. ✓Vote Record-Resolution RES-2018-240 0 Adopted ❑ Adopted as Amended ❑ Defeated ---- _ ___._._—.-.-_._._.. .__--._-- ---__-_._.__..__—.T-- Yes/Aye No/Nay Abstain Absent ❑ Tabled _____ — _ _- _- ❑ Withdrawn James Dinizio Jr Voter ❑ ❑ ❑ 11 Supervisor's Appt William P Ruland Voter 9 ❑ ❑ 11 ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-241 CATEGORY.• Field Use- Town DEPARTMENT. Town Clerk Strawberry Festival 2018 Financial Impact: PD Cost analysis- $22,394.16 RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Mattituck Lions Club to use Strawberry Fields in Mattituck, NY from Monday, June 11 through Tuesday, June 19, 2018 for the Annual Strawberry Festival and be it further Southold Town Regular Board Meeting March 14, 2018 page 11 RESOLVED that the Town Board of the Town of Southold authorizes the Town Clerk to issue a Special Events Permit to the Mattituck Lions to hold its Annual Strawberry Festival at Strawberry Fields Mattituck, NY from Monday, June 11 through Tuesday, June 19, 2018 provided 1. They file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution with Captain Kruszeski 3. No permanent markings be placed on town, county or state roads or property for the event; 4. Any road markings or signs for the event be removed within twenty-four(24) hours of the completion of the event. Some of the requirements for issuing a Special Permit may be waived. ✓Vote Record-Resolution RES-2018-241 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled _._ _._.._.... James Dinizio Jr Mover ? 0 ❑ �❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Seconder. 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ 11 ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-242 CATEGORY: Special Events DEPARTMENT: Town Clerk Southold Rotary Pet Friendly Fair RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Southold Rotary to hold a Pet Friendly Fair on September 15, 2018 from 9:00 am to 12:00 pm at Jean Cochran Park, Peconic, provided they adhere to the Town of Southold Policy for Special Events on Town Properties and Roads. Support is for this year only. All Town fees for this event, with the exception of the Clean-up Deposit, are waived. ✓Vote Record-Resolution RES-2018-242 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dimzio Jr Voter 0 [1 ❑ 11 Southold Town Regular Board Meeting March 14, 2018 page 12 ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 21 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder 21 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter O ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-243 CATEGORY. Budget Modification DEPARTMENT. Solid Waste Management District 2018 Budget Modification-SWMD Financial Impact. To provide appropriation for replacement of damaged flooring in employee trailer. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Solid Waste Management District budget as follows: From: SR 8160.2.500.250 Landscaping Equipment $1,500 SR 8160.4.100.900 Landscaping Supplies 700 Total $2,200 To: SR 8160.4.100.800 Maintenance-Facilities/Grounds $2,200 Total $2,200 ✓Vote Record-Resolution RES-2018-243 0 Adopted ❑ Adopted as Amended ❑ Defeated ._ ._.._... .._.. --._._.._. __... ......... ....._.. Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter Rl ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover ❑ ❑ ❑ ❑ 11 Tax Receiver's Appt Jill Doherty Voter El ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter O ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder: O ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting March 14, 2018 page 13 2018-244 CATEGORY. Attend Seminar DEPARTMENT. Police Dept Police Department RESOLVED that the Town Board of the Town of Southold hereby grants permission to Police Officers Marianne Allen, Laura Conlan and Katie Johnson to attend a seminar on Women in Law Enforcement in NYC on March 23, 2018. All expenses for travel to be alegal charge to the 2018 budget line A.3120.4.600.225 (meetings and seminars). ✓Vote Record-Resolution RES-2018-244 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder. 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-245 CATEGORY.• Employment-Town DEPARTMENT: Accounting Appoint Gus Klavas PT Custodial Worker 1 RESOLVED that the Town Board of the Town of Southold hereby appoints Gus Klavas to the position of part-time Custodial Worker I for the Department of Public Works, effective March 15, 2018 at a rate of$14.49 per hour, pending background search completion. ✓Vote Record-Resolution RES-2018-245 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Seconder. 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Southold Town Regular Board Meeting March 14, 2018 page 14 ❑ No Action ❑ Lost 2018-246 CATEGORY. Budget Modification DEPARTMENT. Accounting 2018 Budget Modification- Capital Financial Impact. Establish Capital Budget for a sander purchase WHEREAS the Town Board of the Town of Southold adopted a 2018 Capital Budget which includes an appropriation for a sander purchase, and WHEREAS the Town's Capital Budget process requires a resolution to formally establish Capital Budget items in the Capital Fund, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby authorizes the establishment of the followiny, Capital Projects and amends the 2018 Capital Budeet as follows: Capital Project Name: Sander Financing Method: Transfer from the Highway Part Town Fund Budget: Revenues: H.5031.87 Interfund Transfers, Sander Body $32,558 Total $32,558 Appropriations: H.5130.2.100.100 Machinery & Equip, Flow & Dump Sander Body $32,558 Total $32,558 ✓Vote Record-Resolution RES-2018-246 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Tabled William P Roland Voter 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Seconder: 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Southold Town Regular Board Meeting March 14, 2018 page 15 ❑ Lost 2018-247 CATEGORY.• Budget Modification DEPARTMENT. Accounting 2018 Budget Modification-Highway Financial Impact• Move budget to cover overage on capital purchase of sander RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 Highway Part Town Fund budget as follows: From: DB.5142.2.400.200 Snow Equipment $558 Total $558 To: DB.9901.9.000.100 Interfund Transfers, Capital $558 Total $558 ✓Vote Record-Resolution RES-2018-247 0 Adopted ❑ Adopted as Amended ❑ Defeated _. ._...... ............_...,...._.. ............. Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn 11 Supervisor's Appt William P Roland Seconder: D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Mover 0 ❑ ❑ 11 ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-248 CATEGORY.• Bid Acceptance DEPARTMENT. Highway Department Accept Bid for Dump/Sander Combination RESOLVED that the Town Board of the Town of Southold herby accepts the Office of General Southold Town Regular Board Meeting March 14, 2018 page 16 Services (OGS) Mini bid T18020006 price of$32,558.00 for one (1) Body Only-Air Flo 10 Foot Dump/Sander Combination from Trius Incorporated. This is to be a legal charge to the 2018 Capital project line of H.5130.2.100.100. V Vote Record-Resolution RES-2018-248 0 Adopted ❑ Adopted as Amended ❑ Defeated -----.,..._._.._.._...._..._._.._.. .__._.. ---.. _..._. ._....... _ Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder. 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-249 CATEGORY. Employment-Town DEPARTMENT. Police Dept Police Department-Advertise for TCO's RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for two (2) weeks for Traffic Control Officers for the 2018 summer season at the hourly walZe of$17.13 per hour V Vote Record-Resolution RES-2018-249 0 Adopted ❑ Adopted as Amended • Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder: 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-250 Southold Town Regular Board Meeting March 14, 2018 page 17 CATEGORY. Employment-FIFD DEPARTMENT: Accounting Amends Resolution 2018-020 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution 2018- 180 adopted on February 13, 2018 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District adopted February 5, 2018 that appoints a part time Freight Agent effective March 9, 2018 at a rate of$15.00 per hour. ✓Vote Record-Resolution RES-2018-250 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Mover i 0 11 ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder; 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-251 CATEGORY. Contracts, Lease &Agreements DEPARTMENT. Town Attorney Shared Service Agreement Between Town of Southold and Town of Shelter Island RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Shared Service Agreement between the Town of Southold and the Town of Shelter Island related to the Town of Southold agreeing to share the service of its Engineering Department with the Town of Shelter Island, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-251 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Defeated William P Roland Voter 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Seconder. 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Scott A.Russell Voter 10 0 0 0 Southold Town Regular Board Meeting March 14, 2018 page 18 ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-252 CATEGORY.• Budget Modification DEPARTMENT: Fishers Island Ferry District 2017 Budget Modification-FIFD Financial Impact: to cover over expenditures RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolution of the Fishers Island Ferry District Board of Commissioners dated March 5, 2018, which amended the 2017 Fishers Island Ferry District budget in the amount of$500.00. ✓Vote Record-Resolution RES-2018-252 0 Adopted ❑ Adopted as Amended ❑ Defeated ._._.. ------- ..............._. _. Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder.. 0 ❑ ❑ ❑ Jill Doherty Mover D ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Robert Ghosio Voter i D ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-253 C,4TEGORY. Employment-Town DEPART,ME:'VT.• Accounting Accepts Resignation of Susan Horn RESOLVED that the Town Board of the Town of Southold hereby finalizes the resignation of Susan E. Horn from the position of School Crossing Guard-Fishers Island for the Police Department, last check date was October 11, 2012. ✓Vote Record-Resolution RES-2018-253 0 Adopted Yes/Aye No/Nay Abstain Absent Southold Town Regular Board Meeting March 14, 2018 page 19 ❑ Adopted as Amended James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Defeated William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tabled Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Withdrawn Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Tar Receiver's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Rescinded ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-254 CATEGORY: Attend Seminar DEPARTMENT.• Solid Waste Management District Organics Seminar Attendance RESOLVED that the Town Board of the Town of Southold hereby grants permission to Solid Waste Coordinator Bunchuck to attend a seminar on best practices for Managing Organics in the Waste Stream, on March 27-28, 2018 in Poughkeepsie,NY. All expenses for registration, travel, and lodging to be a legal charge to the 2018 SWMD budget (meetings and seminars). -'Vote Record-Resolution RES-2018-254 0 Adopted ❑ Adopted as Amended ❑ Defeated ............. ._........ .. ..... ....._ Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 11 ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder: 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-255 CATEGORY: Local Law Public Hearing DEPARTMENT. Town Clerk Amend 2018-165 PH 3127 @ 4:30 Pm- Chapter 205 Southold Town Regular Board Meeting March 14, 2018 page 20 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 161h day of January, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 27'h _�31 h day of r. March, 2018 at 740 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to Chapter 205, Public Entertainment and Special Events". BE IT ENACTED by the Town Board of the Town of Southold as follows: Chapter 205. Public Entertainment and Special Events Article I. General Provisions § 205-1. Purpose. It is the intent of this chapter to establish procedures and requirements for conducting special events in the Town of Southold to preserve the public peace, good order and the integrity of the use regulations established under the Zoning Code, to properly provide for the health, safety and welfare of the general public and to provide penalties for violations of the provisions herein. 205-2. Definitions. As used in this chapter, the following terms shall have the meanings indicated: PARKING CAPACITY For the purposes of this chapter, parking capacity shall be the number of cars, limousines or buses permitted on the site according to a site plan approved by the Town of Southold Planning Board. SPECIAL EVENT Any temporary gathering, demonstration, performance, exhibition, amusement or activity that is not currently a permitted use of the property in the applicable zoning district or which requires a parking area to accommodate all vehicles transporting attendees to the event that is larger than the existing parking capacity of the site that is conducted or sponsored by a person, organization, entity or association, including, but not limited to, carnivals, circuses, fairs, bazaars, outdoor shows and concerts, parades, walks, runs, marathons, bicycle races or motorcycle rallies, which may involve one or more of the following: A. The closing of a public street. B. The use, blocking or restriction of Town property, roads or rights-of-way; C. The use of amplified sound exceeding the standards set forth in Chapter 180 of the Southold Town Regular Board Meeting March 14, 2018 page 21 Town Code. D. The sale of merchandise that is not ordinarily sold in the normal course of the applicant's business. E. The sale or service of food to the public with the exception of the following: (1) On land used in agricultural production, the sale or service of food products composed primarily of ingredients produced on site; or (2) On land used in agricultural production that maintains a winery or farm winery license issued by the New York State Liquor Authority, the sale or service of food items which customarily complement wine tastings and that are ordinarily consumed while standing or walking and without the need for utensils. F. The substantial increase or disruption of the normal flow of traffic on any street or highway. G. The placement of portable toilets. H. The placement of temporary no-parking or directional signs or banners. I. The use of any Town services that would not be necessary in the absence of such an event. SPECIAL EVENT COMMITTEE The Special Event Committee, also referred to in his chapter as the "Committee" shall review applications forwarded to it by the Town Clerk's Office. The Committee shall make determinations as to the completeness of the application, request further documentation as it deems necessary as set forth in this Chapter, and make recommendations to the Town Board as to whether the application should be granted or denied. The Committee shall consist of. the Government Liaison Officer, who shall act as the Chairperson; the Chairperson of the Zoning Board of Appeals or his or her designee; the Planning Director or his or her designee; the Chief of Police, or his or her designee, and; the Chief Building Inspector, or his or her designee. The Town Attorney shall act as counsel to the Committee. The Town Board shall appoint a secretary to assist the Committee in the processing of applications. 205-3. Permit required. A. To preserve public peace, good order and the health, safety and welfare of the residents of the Town of Southold, special events shall be prohibited in the Town of Southold unless a special event permit is obtained in accordance with the requirements set forth in this chapter and as follows: (1) All special events ei4y and with an expeeted al4end aee of less t�^^ Appeals in aeeer-danee with 04e'. te.rims set fafth in Aftiele 11 of this ehapter- shall require the issuance of a Special Event Permit by a resolution of the Town Board. All special events opei4y with an expeeted at4endanee exeeeding 1,0 attendees .;;] t.'I'lents A-A. Town pfeper-ty shall obtain the appr-eval of the Town Bear-d as set f,-th in A,4ie 0 771- of this ..1,apto, Southold Town Regular Board Meeting March 14, 2018 page 22 B. The provisions of this chapter shall not apply to: (1) Any event held on property owned by any special district that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; (2) Any event held on property owned by a not-for profit for its own fundraising that is contained on site and has adequate parking, ingress, egress, traffic control and sanitary facilities to host such an event; (3) Occasional events on private residential properties hosted by the owner thereof to celebrate family events, holidays, charitable or other not-for-profit fundraisers; however, any use of residential property for profit, such as a venue for weddings or other events, is prohibited. Article II. Special Events Requiring Chairperson of Zoning Board of Appeals Approval Permit Application Requirements and Procedure 4 205-4. Application requirements. The following information and materials are to be submitted with an application for a special event permit. The Zoning-Bear-d—of AppealseffiEe-may a---1". le applieation for- a vent or-a series of similar-events (not te exeeed six in a three month period) that are 4 fid A. A completed special event application form which includes the following information: (1) The name, address and telephone number(s) of the person(s) who will be organizing the event and who can be contacted prior to and during the event by Town officials. (2) The address of the event location. (3) The proposed dates and hours of the special event, including setup and shutdown times. (4) The expected maximum number of persons intended to use the property at one time and collectively, including organizers, employees, vendors, exhibitors and spectators/participants. (5) Expected number of automobiles and other vehicles intended to use the property at one time and collectively. (6) The name, address and telephone number of the person(s) who will be engaged in the preparation and/or sale of food, alcohol, or beer and a copy of the State Liquor Authority license and County Department of Health Services permit number for the activity. (7) The name, address and cellular telephone number of any security company which will work on the premises, and a description of the duties to be performed. Southold Town Regular Board Meeting March 14, 2018 page 23 (8) The dimensions of any tents to be utilized for the event. All tents erected in connection with an event will require an application to, and the approval of, the Building Department. (9) Certification that the property where the event is to take place is not subject to any covenant or restriction limiting its use, or if the use is restricted by easement or otherwise, a copy of a survey or diagram depicting the easement area and any reserved area where development rights are intact. (10) The applicant must provide a certificate of general liability insurance naming the Town of Southold as an additional insured with limits of $1,000,000 per occurrence or such other limit as may be required by the Town Board for events where expected attendance exceeds 500 attendees. B. The appropriate An application fee. (1) The fees for Special Event permits shall be proscribed by a resolution of the Town Board in the folio *,— , �'s for-o eh e 4)J-er-events wher-e the expeeted aaendanee is less than 500 attendees- $150. (Zh For-events where the o ted aaena,nee is 500 t„ 1,000 aaen loo... $250 2\ Appliea4ians that a submitted loss than 60 days prior-to the „ sed event be r-ejor-eetedubjeer to a late p g fee of$250 C. A general description of the proposed event including: (1) The purpose of the event and description of the nature of the activities to be carried on and the admission fee to be charged, if any. (2) The names of groups, organizations, charities or individuals who shall benefit from the proceeds of the event. D. A parking/event plan showing: (1) The size of the property and its location in relation to abutting streets or highways. (2) The size and location of any existing building(s) or structure(s) that will be in operation during the course of the event and any proposed building, structure or signs to be erected temporarily for the event. (3) The location of the stage or tents, if any. Southold Town Regular Board Meeting March 14, 2018 page 24 (4) The designated areas of use for spectators, exhibitors, vendors, employees and organizers. (5) The location of all exits. (6) The location of all fire extinguishers and other fire safety equipment. (7) The location of all temporary utilities to be installed for the event, if any. (8) The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 square feet per car. (9) A traffic control plan for vehicles entering and leaving the site for the proposed event. (10) A plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any, and the type and location of speakers and other audio equipment. (11) A description of emergency access and facilities related to the event. (12) Provisions to dispose of any garbage, trash, rubbish or other refuse. (13) The location and a description of any additional lighting to be utilized in conjunction with the event. (14) The location of sanitary facilities on site. E. A description of any signage to be displayed adjacent to a Town, county or state road, including size, location and dates of display. F. A certificate of insurance not less than $2,000,000 naming the Town of Southold as an additional insured. G. A minimum cleanup deposit of$250. 1iH. The_Chaifpersen Town Board may require the applicant to send and provide certification that written notice was sent to every property owner abutting or adjacent to the property where the event is to be held, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the property that is the subject of the application. Said notice shall include the date, time and location of the proposed special event. C-I. Notwithstanding the foregoing, the Ghaifpefsen of the Zoning Bear-d ef Appeals Southold Town Regular Board Meeting March 14, 2018 page 25 Town Board, upon request by an applicant, may waive in whole or in part any of the foregoing application requirements upon a finding that said requirements are not necessary for proper consideration of a permit application in accordance with the standards set forth in § 205-5E(1) through (15) or for the protection of health, safety and welfare. The Town Board's determination of any waiver request shall be in writing to the applicant and shall specify the reason for the grant or denial. If a waiver is granted, the Town Board may attach appropriate conditions to protect the public interest. & 205-5. Application review procedure and standards. A. All applications for a special event permit must be submitted at least 60 days prior to a proposed event to the Zoning Board of Appeals Town Clerk's Office. Affiy ..1: „t: „ that , not , leto may not be aeee .ted n or-p o oa Upon receipt of an application for a special event permit, the Town Clerk shall cause the application to be forwarded to the Special Event Committee. B. Upon receipt of an application the Committee shall review the application and make a determination.as to completeness. When the Chairperson of the Zoning Board of Appeals Upon making a determination that the application is complete, awes sail/ plie do ^ , the Chairperson Committee shall cause the application and related documentation to be distributed to any Town, county or state agencies that may have jurisdiction over the event for their review and comment on any of the criteria set forth in § 205-5E of this article. Such referrals may include the Police Department, the Planning Department, the Building Department, the Office of the Zoning Board of Appeals, the Suffolk County Planning Commission, the Land Preservation Department, the Code Enforcement Department, the Fire Ifispec-ter Marshal, the Assessors' Office and/or the Town Attorney. C. Upon receipt of comments, the the Gh.,i fpe, en of the Zoning Board of Appeals Committee shall review the complete application and make a recommendation to the Town Board as whether to grant the application, deny the application, or grant the application with conditions. In considering whether to recommend approval or denial of the application, the Committee shall consider the criteria set forth in subsection "E" of this section. apples D. if no fevisie o.a or upon the submissien of., revised „1; atio the Ghaifper-sen of I of Appeals may deny or-approve the "pr'ivu4ivaa with ,end t: The Committee shall make a recommendation to the Town Board within 30•days of receipt of a complete application. E. Upon receipt of an application from the Special Events Committee, the Town Board shall review the application and make a determination whether to; grant the application as applied for, den t�pplication, or grant the application with conditions. In making its determination the Town Board shall consider the following: (1) The size and capacity of the site to accommodate the proposed event. Southold Town Regular Board Meeting March 14, 2018 page 26 (2) The facilities available. (3) The availability of highways and other means of transportation to and from the site. (4) The impact of the event on the safe and orderly movement of traffic within and contiguous to the event. (5) The need for the Town to police such event, and whether the number of police officers assigned to properly police such event will prevent the Town from providing adequate police protection to the remainder of the Town. (6) The impact of the event on fire and police protection and ambulance service to the areas contiguous to the event and to the Town in general. (7) The impact of the event on the movement of firefighting equipment or ambulance service to the Town or to areas contiguous to the event. (8) The impacts on adjacent property owners and the surrounding neighborhood. (9) Whether the owner, applicant or event sponsor has violated a previously issued special event permit. (10) Verification that there are no outstanding violations on the property at which the event will be held or any outstanding or unsatisfied conditions of a Town agency approval, including, but not limited to, those of the Planning Board or the Zoning Board of Appeals. (11) Verification that the grant of the permit will not violate any existing covenants or easements on the property. (12) Whether a permit has been granted for a prior event that was the same or substantially similar in size and scope to the event applied for and/or resulted in the impacts defined in Subsection E(4), (5), (6), (7) and (8) above. (13) Whether the frequency of prior or proposed special events on the site constitutes a change or intensification of the permitted use of the property necessitating a use variance or further site plan review. (14) If an applicant is requesting a special event permit that was held the previous year, the verification must be submitted from those charities listed on the previous application. (15) Any other matters that relate to the health, safety and welfare of the general public. F. A deposit shall be made in an amount to be determined prior to issuance of the permit Southold Town Regular Board Meeting March 14, 2018 page 27 based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant. G. Where the Town determines that there is no specific Town benefit from the event or that the event is conducted for profit, an additional deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police, highway and cleanup costs associated with the event. After the event, the deposit will be used to cover such costs, and any monies remaining will be returned to the applicant. If the costs incurred by the Town exceeds the amount deposited, the applicant shall be responsible for the additional costs incurred by the Town as a result of the Special Event. H. A special event permit is not transferable and shall expire at the close of the event(s) for which it is issued. 1. The special event permit issued hereunder shall be displayed on the premises during the special event and shall be available for inspection by a police officer or other enforcement officer of the Town upon request. J. Applications for tent permits required for any event must be submitted directly to the Building Department. K. At the sole discretion of the Committee, applications that are submitted less than 60 days prior to the proposed event may be rejected or be considered subject to the applicant paw ag late processing fee. 205-6. Appeal from denial of a special event permit. An applicant who is denied a permit by the the GhaiFper-seft of the Zoning Board of Appe Town Board may apply to the Town Board for reconsideration of the application by filing an appeal with the Town Clerk within 10 days of the date of the denial. A complete copy of the application submitted to the nffi^e of the Zoning Board of Appeals shall accompany the request for reconsideration. The Town Board may, following a public hearing, affirm, amend or reverse the determination the Chair-per-son of the Zoning Beafa of Appeals its prior decision subject to any conditions deemed appropriate under the circumstances. 4-4iole TTT C`POGial Events Requ;,-ine T`..,.. Boa 7 Events held en Town lands o events o edi 1,000 attendees, A=. Any event held en pf:opei4y owned, leased I-r-Peont-r-A-flead by the Town of any event where t expeeted attendanee exeeeds 1,000 people shall be subjeet to appr-oval by resolution of-a major-ity of the Town Board following the submission E)f an appheatien to the T&A% Gler-k 60 days pr-ier-to the pr-epesed event. in 3plieatiens for- sueh events, the Town Boafd may eenside-the following —ite.o..* addition to t Ie e-:to.-i set f i4h in C '1L15 5E above- , > noise, Southold Town Regular Board Meeting March 14, 2018 page 28 fj):::T-he 4equeney of events proposed or-approved fef the premises and whethef the fFeqUenffis so great that the events eenstitute a Ige of the Pr-opefty meempatible with cvirrrrctTwith--A7-a'[rlcn,rp'ci-vrrcuse vrtheland, ciir[ic JZiiv'Vi'Pcd. f§�Whether-the appheant has been eonvieted for-failure to eemply with the tefms ef this ehapter- ,itl.in the mast th fee ff A dhel'enee-to theTA,r a l• f d• to .+t T 1, h a 1 �-JTr A'RTR77�TI�1� A1ZT)nJGA'Tfi'Cr�L'112L_ CV�eTITJ"YIL�VVPITVGZTITI f om the Frrich•before the `bseF.,anee of>\ eFflofi l Day i „til Tabor-Day. 1 11 Vllf Llll.. 1 11 Cli.T fer-the same date and are within a half mile radius of eaeh the Town Board will deteFmine 7 if there are adequate r-esour-ees for-the events. If there are net suffieient r-esour-ees to ensure publie health and safety, the Town Bear-d shall deny one or-mE)Y-e pefmits if the impaets of the events eannot be mitigated. When deeiding whieh event to deny, the Tevm Board shall eensideF the following- fq)=Whether- he-events i, c (1 Whether-the site has been subjeet to ., ol.,tie within the last th ivy ..11L.u1�:1 rll� , fc T-he-date theper--mit applieation=dray submitte4, (4)=If 2`y6ntseFeufFed the E AT ealendao h1p�Jo�rthe B a f Appeals - � 11 shall eonsider-what the** c s An that-area ofthe Town, + •tt 1.1 d „t:on t„ 1 t h t e-eae'£4i�vi'-i-n yield carc�nlrrrrcr. B. ' ec�l-everrH�is to be held land ,l !eased tr ll t1 T f c�r�zirr�p virzzrizcrA�sfi�iPcr, rcr�$ccrvi-cvim-ArrG��trn�v�rrvr Southold, the uYY11ti LC name, mailing address, e mail address and telephoi4e nufnber-(s) of the Per-sen(s) who will be efganizing the event and who . „ >,oeentaete pr-ie t d duringthe event 1, Town. e€fieials. rv\ -h PrA'1A-scd event n1oe ctie'n-aid type vf eN,eFAr . times.f.ghThe proposed dates and houfs of the speeial event, ineluding setup and shutdown 0)=The expeeted maximum number-of per-sons intended to use the pr-opefty at one time and eolleetiveb exhibiter-s and speeta4er-s�pai4i i. > > > > f.thlf there aFe any speeial requirements needed for-the > > but not lifnited , poliee ., or- ad ffi=An apphea4ion fee in the sum of$250 fer- events where the o ete d attefidaflee does t exeeed 1,000 attendees, fj)=A eei4ifieate of insur-anee not less than $2,000,000 naming the Town of Southold as an additional insufed. (4) eleanup deposit of$2-50-. «, 1 n 1111111 1I1 LT�N> IE�hWher-e the Town detefmines tha4 there is no speeifie Town benefit from the event or-that the -..t is --ndueted for-pr-efit, an additional deposit shall be made in an afflount to be deter-mined ianee of the permit based upon the estimated dir-eet eests attributable te additional poliee, highway and eleanup eosts asseeiaied with the event. After-the event, the deposit will b-e used_te eh . sty, and n),monies r-emU1111T ill be r-etumed t the appliGant. additional the applieation 1,000 attendees, shall ud-all inf;gffniAinccr'ciiicdd under- § �, cr.7 well as the following:� Southold Town Regular Board Meeting March 14, 2018 page 29 JI n plication fee of$350 event.k2):::A eef4ifieate of insuranee not less than $2,000,000 naming the Town Of SOuthOld as an additional insufed. a)=The Town Board the appheant to send end pfevide eeftifieation that written be held, as shown on the euffent Tewn of Southold assessment r-oll, and difeetly oppesite (by extension of the lot lines thfough a street or-right of way) of the pr-apei4y that is the subjeet of the applieation. Said notiee shall inelude the date, tifne and location of the proposed speeial D. Notwithstanding the fefegoing, the Town fn > upon fequest by an appheant, whele of in paf4 any of the foregoing applieati . . nts upon a finding that sa yitsafe not neeessar-y fproper-eensidefatien „f„ ..mit plie,tio or-for ^ .i.o reu � pr-eteetien of health, safevy and welf4e. The Town Board resolution shal! speeif�, the Feason fef the grant of denial. if a nted, the Town Bear-d may attaeh appropriate eenditions to pFeteet the publie inter-est-s-, Article IV III. Enforcement 205-8. Modification or rescission of permit. If, after a permit is issued, the Ghaifper-sen of the 'ming Board of Appeals Or the Town Board determines that any of the representations and/or statements contained in the application are materially inaccurate or any of the conditions of the permit have not been complied with, the Town may serve the permittee's agent a notice of rescission of special permit specifying the manner in which the permittee has not complied with the terms of its permit and/or identifying the incorrect information supplied in the application. The Zoning Board of Appeals Chairperson or the Town Board may, for good cause, modify or rescind such permit, absolutely or upon conditions. 205-9. Penalties for offenses. A. It shall be unlawful for any owner, occupant or his/her agent or any other person to fail to comply with any provisions of this chapter or to fail in any manner to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department, or to conduct any special event in a manner not in compliance with a permit issued pursuant to this chapter and with the provisions of this Code. B. For each offense against any of the provisions of this chapter or failure to comply with a written notice, directive or order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department within the time fixed for compliance therewith, the owner, occupant or his/her agent or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order of the Director of Code Enforcement, Zoning Inspector or the Southold Police Department shall be subject to the following: (1) Failure to obtain a permit. Any person conducting a special event that is regulated under this chapter without first obtaining a permit according to the procedures outlined herein shall be subject to a fine of not less than $500 and not more than X509-8 $3,000.00. Southold Town Regular Board Meeting March 14, 2018 page 30 (2) Failure to comply with the terms of a permit. Any person failing to comply with the terms of a permit shall be subject to a fine of not less than $500 and not more than $1,500.00 $3,000.00. (3) For each subsequent offense of§ 205-913(1) or(2), violators shall be guilty of a misdemeanor and/or subject to a fine of not less than $500.00 $1,000.00 nor more than $5,000. C. No new special event permits will be issued to any property owner, occupant or his/her agent if such person is a named defendant in an outstanding or unresolved violation of this chapter. D. The Town may also maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2018-255 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent — ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder: 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-256 CATEGORY. Local Law Public Hearing DEPARTMENT: Town Attorney Southold Town Regular Board Meeting March 14, 2018 page 31 Set PH 4110118 7 31 Pm- Chapter 280-13 WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 14`h day of March, 2018, a Local Law entitled "A Local Law in relation to Amendments to Chapter 280-13 Accessory Apartments in Accessory Structures" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 101h day of April at 7:31 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter 280- 13 Accessory Apartments in Accessory Structures" reads as follows: LOCAL LAW NO. 2018 A Local Law entitled, "A Local Law in relation to Amendments to2 Chapter 280-13 Accessory Apartments in Accessory Structures" BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. To provide more Affordable Housing opportunities within the Town of Southold. II. Chapter 280 of the Code of the Town of Southold is hereby amended as follows: § 280-13 Use regulations. [Amended 3-14-1989 by L.L. No. 3-19891 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for the uses set forth in Subsections B(1), (13) and (14) hereof, are subject to site plan approval by the Planning Board: [Amended 3-14-1989 by L.L. No. 3-1989; 5-20-1993 by L.L. No. 6-1993; 12-21-1993 by L.L. No. 3-1989; 11-29-1994 by L.L. No. 26-1994; 12- 27-1994 by L.L. No. 30-1994; 2-7-1995 by L.L. No. 3-1995; 11-12-1996 by L.L. No. 20- 1996; 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 26-1998; 10-25-2005 by L.L. No. 18-2005; 6-15-2010 by L.L. No. 2-20101 (13)One accessory apartment in a lawfully existing detached accessory garage, barn or storage building, subject to the following requirements: (a) The accessory apartment shall contain no less than 450 square feet and shall not exceed 750 square feet of livable floor area and shall have no Southold Town Regular Board Meeting March 14, 2018 page 32 more than one bathroom. (b) A minimum of three off-street parking spaces shall be provided on premises. (c) Not more than one accessory apartment shall be permitted on a lot. (d) The accessory apartment shall meet the requirements of an apartment as defined in § 280-4 hereof. (e) The entirety of the living floor area of the accessory apartment must be on one floor of the accessory structure. (f) The aeeesser-y str-uetur-e whieh is eenvefted, in whole of in pa valid rc2i4zrrccccc-vrvcEupaney iT.Tuca privrt6 , 008--lr'r"rrClkdCd C 24 2011 by L.L. No 6 20111 (f) The existing accessory structure shall comply with all other requirements of this chapter. (g) Approval of the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (h) No bed-and-breakfast facilities, as authorized by § 280-13B(14) hereof shall be permitted in or on premises for which an accessory apartment is authorized or exists. (i) Occupancy of resident structures on the premises shall be subject to the issuance of an annual rental permit in accordance with § 280-13D and the following requirements: [1] The owner of the premises shall occupy either the existing single-family dwelling unit or the accessory apartment in the detached accessory structure as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy evidenced by a written lease for a term of one or more years to: [a] A family member; or [b] To a resident who is currently on the Southold Town Affordable Housing Registry and eligible for placement. [2] Rents charged to a resident on the Affordable,Housing Registry shall not exceed the rent established by the Town Board annually pursuant to § 280-30(F) of this Code. [3] No accessory apartment shall be occupied by more than the number of persons permitted to occupy the dwelling unit under Section 404 of the Property Maintenance Code of the New York State Uniform Fire Prevention and Building Code. [4] An accessory apartment shall only be occupied or otherwise utilized in accordance with the certificate of occupancy issued for the dwelling unit. (j) The Chief Building Inspector, Zoning Inspector, and Town personnel who are engaged in the enforcement of the provisions of this chapter are authorized to make or cause to be made inspections to determine compliance with this chapter and are authorized to enter upon any property for the purpose of said inspections. Southold Town Regular Board Meeting March 14, 2018 page 33 (k) No special Exception shall be granted unless the Zoning Board of Appeals, in addition to the considerations, determinations and findings required in §§ 280-142 and 280-143, specifically finds and determines the following: jl] That the granting the Special Exception will not adversely impact the privacy and use and enjoyment of any adjoining parcel. j_2l That the granting of the Special Exception will not adversely impact the character of the neighborhood in which it is located. j3] That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the surrounding neighborhood. Ll That the cumulative effect of approving the present application along with previously approved applications will not have a cumulative adverse impact on the school district in which the property is located. [5] That sufficient off-street parking exists on the subject property to accommodate the proposed accessory apartment. j-6l Whether adequate buffer yards and screening can and will be provided to protect adjacent properties possible detrimental impacts of the proposed use. § 280-15 Accessory buildings and structures. [Amended 4-10-1990 by L.L. No. 6-1990; 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991; 12-22-1992 by L.L. No. 33-1992; 146-2007 by L.L. No. 2-2007; 4-22-2008 by L.L. No. 3-2008] In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot Size (square feet) Maximum Height (feet) Minimum Setback for Side and/or Rear Yard (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10,000 - 19,999 20 15 10,000 - 19,999 22 20 20,000 - 39,999 18 10 Southold Town Regular Board Meeting March 14, 2018 page 34 20,000 - 39,999 20 15 20,000- 39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 C. Such buildings shall not exceed 660 1,000 square feet on lots containing up to 20,000 square feet and shall not exceed 7-S0 1,200 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed 3% of the total size of the parcel. D. Dormers are permitted on accessory buildings up to 40 80% of the roof width. This restriction shall not apply to buildings receiving a certificate of appropriateness from the Town of Southold'Historic Preservation Commission pursuant to Chapter 170 of the Town Code. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. III. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ✓Vote Record-Resolution RES-2018-256 0 Adopted ❑ Adopted as Amended ❑ Defeated -- Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Voter 0 ❑ ❑ ❑ Jill Doherty Voter R3 ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder. 0 ❑ ❑ ❑ ❑ Supt 1-Igwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action 0 Lost Southold Town Regular Board Meeting March 14, 2018 page 35 2018-257 CATEGORY.• Budget Modification DEPARTMENT.• Accounting 2018 Budget Modification-DPW/Capital Financial Impact:Adjust capital budget for actual cost of vehicle WHEREAS the Town Board of the Town of Southold adopted a 2018 Capital Budget which includes an appropriation for a truck with plow purchase, and WHEREAS the cost of said project is slightly higher than anticipated, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town and Capital budgets as follows: From: A.1620.4.100.100 Buildings & Grounds, Misc Supplies $75 Total $75 To: A.9901.9.000.100 Transfer to Capital $75 Total $75 Capital Project Name: FY 2018 Truck-3500 4x4 with Plow Financing Method: Transfer from the General Fund Whole Town Fund Increase Revenues: H.5031.85 Interfund Transfers, Motor Vehicles $75 Total $75 Increase Appropriations: H.1620.2.200.200 DPW Truck & Plow $75 Total $75 ✓Vote Record-Resolution RES-2018-257 Rl Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dinizio Jr Voter 23 ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt 0 No Action Southold Town Regular Board Meeting March 14, 2018 page 36' ❑ Lost 2018-258 CATEGORY.• Employment - Town DEPARTMENT. Accounting Acknowledges the Intent to Retire Henry.Santacroce WHEREAS,the Town of Southold has received notification via U.S. Mail on March 14, 2018 from the NYS Retirement System concerning the retirement of Henry Santacroce effective March 29, 2018 now therefore be it RESOLVED that the Town Board of the Town of Southold hereby acknowledges the intent to retire of Henry Santacroce from the position of Sergeant for the Police Department, effective March 29, 2018. ✓Vote Record-Resolution RES-2018-258 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder 0 ❑ ❑ .❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost l Comment regarding resolution 258 SUPERVISOR RUSSELL: I just want to comment and say I wish Henry all the luck in the world in retirement but I tell you, that's a big loss for Southold Town. He has been a wonderful person to work with. 2018-259 CATEGORY. Budget Modification DEPARTMENT.• Engineering 2018 Budget Modification - Engineering Financial Impact. Transfer between General Fund Whole Town budget lines for the Engineering Department. No financial impact Southold Town Regular Board Meeting March 14, 2018 page 37 RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1440.4.600.300 Travel $ 3,500.00 Total $ 3,500.00 To: A.1440.4.600.200 Meetings & Seminars $ 3,500.00 Total $ 3,500.00 ✓Vote Record-Resolution RES-2018-259 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled -- Yes/Aye No/Nay Abstain Absent , ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder; 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost I 2018-260 CATEGORY.• Authorize Payment DEPARTMENT: Town Clerk Refund to Southold Fire Department RESOLVED that the Town Board of the Town of Southold hereby authorizes and refund of $785.50 to the Southold Fire Department for a demolition permit issued by the Building Department on November 6, 2017. ✓Vote Record-Resolution RES-2018-260 0 Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled ❑ Withdrawn William P Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt till Doherty Voter 0 ❑ - ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Mover 0 ❑ ❑ ❑ O Rescinded Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action Southold Town Regular Board Meeting March 14, 2018 page 38 ❑ Lost 2018-261 CATEGORY.• Bond DEPARTMENT. Town Clerk Bond- Town Hall Annex BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MARCH 14, 2018, AUTHORIZING THE ACQUISITION OF THE TOWN HALL ANNEX BUILDING, INCLUDING THE EXISTING LAND AND BUILDNG AND CONSTRUCTION OF IMPROVEMENTS TO THE EXISTING BUILDING, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $5,000,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $5,000,000 TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to (a) acquire the Town Hall Annex building located at 54375 Main Road (Route 25), Southold, New York, including the existing land and building, at the estimated maximum cost of $3,200,000, and (b) construct improvements to the existing building, at the estimated maximum cost of$1,800,000. The aggregate estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $5,000,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in the principal amount of $5,000,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of$5,000,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for Southold Town Regular Board Meeting March 14, 2018 page 39 which $3,200,000 of said bonds are authorized to be issued, within the limitations of Section 11.00 a. 21 of the Law, is thirty (30) years. The period of probable usefulness applicable to the object or purpose for which $1,800,000 of said bonds are authorized to be issued, within the limitations of Section 11.00 a. 12 (a)(2) of the Law, is fifteen (15) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if- (a) £(a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Southold Town Regular Board Meeting March 14, 2018 page 40 Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The Suffolk Times, " a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD,NEW YORK PLEASE TAKE NOTICE that on March 14, 2018, the Town Board of the Town of Southold, in the County of Suffolk,New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted March 14, 2018, authorizing the acquisition of the Town Hall Annex building, including the existing land and building and construction of improvements to the existing building, stating the estimated maximum cost thereof is $5,000,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of $5,000,000 to finance said appropriation," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to (a) acquire the Town Hall Annex building located at 54375 Main Road (Route 25), Southold, New York, including the existing land and building, at the estimated maximum cost of$3,200,000, and (b) construct improvements to the existing building, at the estimated maximum cost of $1,800,000; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $5,000,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of bonds in the principal amount of $5,000,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon; SECOND: AUTHORIZING the issuance of bonds in the principal amount of $5,000,000 pursuant to the Local Finance Law of the State of New York to finance said appropriation; I THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the object or purpose for which $3,200,000 of said bonds are authorized to be issued is thirty (30) years and the period of probable usefulness applicable to the object or purpose for which $1,800,000 of said bonds are authorized to be issued is fifteen (15) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; Southold Town Regular Board Meeting March 14, 2018 page 41 FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof, and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: March 14, 2018 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York. ✓Vote Record-Resolution RES-2018-261 0 Adopted ❑ Adopted as Amended ❑ Defeated ----.-_ ._.___ .—__._..___ _ .___._. ,-..---------_-.—.-.-------_.___._.__._.. ___._.._....__....__. Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Roland Seconder: 21 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter D ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter El ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwvs Appi Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost Comment regarding resolution 261 COUNCILMAN DINIZIO: I have to say, the Town Court, this has been a long time coming. I look forward to moving it over there. SUPERVISOR RUSSELL: I just want to clarify before I vote yes, as probably people can see in here, the specified purchase price is a little under $3.2 million and the estimated cost of the renovations to create a Justice Court is $1.8 million. Southold Town Regular Board Meeting March 14, 2018 page 42 2018-262 CATEGORY. Bond DEPARTMENT.• Town Clerk Bond- Carroll Avenue BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED MARCH 14, 2018, AUTHORIZING THE ACQUISITION OF A PARCEL OF VACANT REAL PROPERTY LOCATED AT 1080 CARROLL AVENUE, PECONIC, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $750,000, APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE, AND AUTHORIZING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT OF $750,000 TO FINANCE SAID APPROPRIATION THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two- thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to acquire a parcel of vacant real property consisting of approximately 10.4 acres, located at 1080 Carroll Avenue, Peconic (Tax Map No. 1000-075.00- 01.00-006.000), to be used for future Town recreational purposes. The estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $750,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in the principal amount of$750,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 2. Bonds of the Town in the principal amount of $750,000 are hereby authorized to be issued pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called.the "Law"), to finance said appropriation. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 21 of the Law, is thirty (30) years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purposes for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in Southold Town Regular Board Meeting March 14, 2018 page 43 anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to cause to be published in "The Suffolk Times, " a newspaper having a general circulation within said Town and hereby designated the official newspaper of the Town for such publication and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form: TOWN OF SOUTHOLD,NEW YORK PLEASE TAKE NOTICE that on March 14, 2018, the Town Board of the Town of Southold, in the County of Suffolk,New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted March 14, 2018, authorizing the acquisition of a parcel of vacant real property located at 1080 Carroll Avenue, Peconic, stating the estimated maximum cost thereof is $750,000, appropriating said amount for such purpose, and authorizing the issuance of bonds in the principal amount of $750,000 to finance said appropriation," Southold Town Regular.Board Meeting March 14, 2018 page 44 an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING said Town to acquire a parcel of vacant real property consisting of approximately 10.4 acres, located at 1080 Carroll Avenue, Peconic (Tax Map No. 1000-075.00-01.00-006.000), to be used for future Town recreational purposes; STATING the estimated maximum cost thereof, including preliminary costs, and costs incidental thereto and the financing thereof, is $750,000; APPROPRIATING said amount for such purpose; and STATING the plan of financing includes the issuance of bonds in the principal amount of $750,000 to finance said appropriation, and the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon; SECOND: AUTHORIZING the issuance of bonds in the principal amount of $750,000 pursuant to the Local Finance Law of the State of New York to finance said appropriation; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued is thirty (30) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5) years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof; and SIXTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: March 14, 2018 Elizabeth A. Neville Town Clerk Section 8. The Town Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the newspaper referred to in Section 7 hereof, and hereby designated the official newspaper for said publication, together with a Notice in substantially the form as provided by Section 81.00 of the Local Finance Law,. constituting Chapter 33-a of the Consolidated Laws of the State of New York. ✓Vote Record-Resolution RES-2018-262 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Roland Seconder: 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter O ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Rescinded Scott A.Russell Voter 0 ❑ ❑ ❑ I i I Southold Town Regular Board Meeting March 14, 2018 page 45 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost Comment regarding resolution 262 ! SUPERVISOR RUSSELL: Just one last clarification, first the property itself, the seller came to the town and offered it to the town so it wasn't like we were out shopping. It was just serendipitous. Also, anything that would include a public/private partnership there would have to be an RFP in advance. And I can also assure you this Town Board would not give anything to anybody without the taxpayers being made whole. 2018-263 CATEGORY.• Contracts, Lease &Agreements DEPARTMENT.• Accounting Engage Actuary for GASB 45 Valuations RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to engage John Stiefel, FSA, MAAA, FCCA to provide actuarial and related professional services to the Town relative to GASB Statement 45 Retirement and and Other Post-Employment Benefits) for the fiscal year ending December 31, 2017 in an amount not to exceed $6,000, and which shall be a legal charge to the Accounting and Finance Department's 2018 Actuarial Services budget appropriation (A.1310.4.500.200), all in accordance with the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-263 O Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Voter p ❑ ❑ ❑, ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter p ❑ ❑ ❑ i ❑ Town Clerk's Appt Louisa P Evans Seconder. 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter El ❑ ❑ ❑ i ❑ No Action ❑ Lost 2018-264 CATEGORY.• Committee Appointment Southold Town Regular Board Meeting March 14, 2018 page 46 DEPARTMENT. Accounting Appoints Brian Andrews to BOAR i RESOLVED the Town Board of the Town of Southold hereby appoints Brian Andrews to the Board of Assessment Review effective March 15, 2018 through September 30, 2022. ✓Vote Record-Resolution RES-2018-264 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled James Dinizio Jr Voter O ❑ ❑ ❑ ❑ Withdrawn ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder. 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover O ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter O ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-265 CATEGORY. Contracts,Lease&Agreements DEPARTMENT. Town Attorney L.K. McLean-Annex RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and L.K. McLean Associates, P.C., in amount not to exceed $11,200.00 for professional services regarding evaluation of Town Hall Annex, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-265 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt ❑ Rescinded Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Seconder. 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ j ❑ No Action 0 Lost Southold Town Regular Board Meeting March 14, 2018 page 47 2018-266 CATEGORY.• Organizational DEPARTMENT. Town Attorney Agreement-People's United Bank&Bank of NW Mellon RESOLVED, the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute a Third Party Custodian Agreement for collateralized municipal deposits with People's United Bank and the Bank of New York Mellon, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-266 0 Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn James Dinizio Jr Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Seconder. 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-267 CATEGORY.• Contracts, Lease& Agreements DEPARTMENT. Town Attorney Agreement-People's United Bank&Bank of NW Mellon -FI RESOLVED, the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute a Third Party Custodian Agreement for collateralized municipal deposits for Fishers Island Ferry Districts accounts with People's United Bank and the Bank of New York Mellon, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-267 0 Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended ❑ Defeated James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Tabled William P Ruland Seconder 0 ❑ ❑ ❑ ❑ Withdrawn Jill Doherty Mover 0 ❑ ❑ ❑ ❑ Supervisor's Appt Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Louisa P Evans Voter 0 ❑ ❑ ❑ 0 Rescinded Scott A.Russell Voter 0 0 0 0 Southold Town Regular Board Meeting March 14, 2018 page 48 ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2018-268 CATEGORY.• Budget Modification DEPARTMENT. Accounting 2018 Budget Modification-IT Financial Impact: Establish budget for Town Hall AV System Design RESOLVED that the Town Board of the Town of Southold hereby modifies the 2018 General Fund Whole Town budget as follows: From: A.1990.4.100.100 Unallocated Contingencies $2,975 Total $2,975 To: A.1680.4.400.250 Network & Systems Consult $2,975 Total $2,975 ✓Vote Record-Resolution RES-2018-268 0 Adopted ❑ Adopted as Amended ❑ Defeated ❑ Tabled Yes/Aye No/Nay Abstain Absent ❑ Withdrawn James Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Mover 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Voter 0 ❑ ❑ ❑ ❑ Town Clerk's Appt. Louisa P Evans Seconder 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-269 CATEGORY.• Contracts, Lease & Agreements DEPART'VIENT: Town Attorney !I Southold Town Regular Board Meeting March 14, 2018 page 49 Adwar Vide Consulting RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Consulting Agreement between the Town of Southold and Adwar Video, in an amount not to exceed $2,975.00 for consulting and design services for the audio/visual work to the Town Board room, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-269 0 Adopted ❑ Adopted as Amended _.. _. Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled ❑ Withdrawn lames Dinizio Jr Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt William P Ruland Voter D ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Rescinded Robert Ghosio Seconder.. 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P Evans Mover 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt Scott A.Russell Voter D ❑ ❑ ❑ ❑ No Action ❑ Lost 2018-270 CATEGORY.• Grants DEPARTMENT. Town Attorney NYSDOT Grant'Offer RESOLVED, the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to execute any documents in relation to the acceptance of a grant offer from the New York State Department of Transportation (NYSDOT) for work at the Elizabeth Field Airport described as, Prepare Airport Pavement Study, PIN 0913.20, with the understanding that the Fishers Island Ferry District has committed funds for the local match of$3,625.00, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2018-270 0 Adopted ❑ Adopted as Amended ❑ Defeated _ Yes/Aye No/Nay^T AbstainAbsent ❑ Tabled James Dinizio Jr Voter D ❑ ❑ ❑ ❑ Withdrawn William P Ruland Voter 0 ❑ ❑ ❑ ❑ Supervisor's Appt Jill Doherty Voter 0 ❑ ❑ ❑ ❑ Tax Receiver's Appt Robert Ghosio Mover 0 ❑ ❑ ❑ ❑ Rescinded Louisa P Evans Seconder., 0 ❑ ❑ ❑ ❑ Town Clerk's Appt Scott A.Russell Voter 0 ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action 0 Lost Southold Town Regular Board Meeting March 14, 2018 page 50 VI. Public Hearinlls To Be Re-scheduled - Chapter 205 RESULT: WITHDRAWN Closine Comments Supervisor Russell SUPERVISOR RUSSELL: That concludes the agenda. Would anybody like to address the Town Board on any issue? Please feel free. Steve Bates STEVEN BATES: My name is Steven Bates, I have my east end tourism hat on now. We are here this evening to ask, to beg, to plead, that you allow this legislation that is co-sponsored by Fred Thiele and Ken LaValle to go through. This is not the time for public hearings and decisions on whether you want to heat or join this tourism marketing district but just by way of background, this whole effort started over a year ago, Brian DeLuca and myself are both members of the board Discover Long Island which explored the possibility of doing one of these districts which there are over 100 across the country, some 90 plus in California. They work really well to fund tourism related activities and marketing. In our case, this is purely to resolve pressure that is being caused by the number of tourists coming out throughout the season. It is a very simple process where each hotel accommodation would pay $1 per occupied room into a fund which would, actually the fund would be collected by Suffolk County and the allocation of those funds will be decided by a board who will have a Southold Town representative along with the other five towns but in our model budget that we proposed, 30 % would come back to the towns for their own specific tourism uses, 70 % would go to the regional effort and of that 50 % would go to fund a shuttle network to relieve the pressure on traffic congestion. We have, the Long Island Wine Council and East End Tourism Alliance recognized that this is an issue for our businesses for a long time and understand the pressures, understand the residents having difficulty during peak periods and this is an opportunity for us to help resolve that by creating funding that will help provide a shuttle service that will help alleviate that congestion. The other part of the money will indeed go to tourism marketing but our businesses are not interested in promoting tourism during peak periods. The wineries as an industry are open all year round and they are interested in promoting businesses during the off season. So we would use that funding for that. But we are at a situation here that Fred Thiele has provided this draft text, he has asked for each of the town's comments on that text so that he can go ahead and introduce it formally in Albany. It then will have to go through the committee process up there and would come back down here for a home rule resolution from each of the towns. We have support from three of the five towns and the fourth town we just visited since the election because Shelter Island had a change of administration. But this is our opportunity to do this this year, we have already waited a year. We believe that if we can get this going as of this legislative session, we can already start Southold Town Regular Board Meeting March 14, 2018 page 51 collecting money this summer and be in a position to help fund some shuttle services during the fall. We are certainly prepared to answer any of your questions. We have actually spoken to the Economic Development Committee, Mr. Dinizio was there. I have spoken to Bill Duffy about it, we have been in to talk to numerous board members about it, so if there are any questions, I would be happy to answer them but we really need to move ahead. Fred gave us a deadline of the end of February, now we are mid-March, so we hope that we can get a collective nod. COUNCILMAN DINIZIO: I understand from our discussion that the Economic Development, that this is not binding... MR. BATES: What you have in front of you absolutely is not binding. COUNCILMAN DINIZIO: Right. It really just sets up the mechanism by which we can collect money. MR. BATES: Right. The legislation is actually just enabling legislation because although the law provides such a mechanism in California and some other states, New York State this would be the first of its kind. It uses the business improvement district law and adapts it for tourism. SUPERVISOR RUSSELL: I will just say that I actually at the State of the Town commented that the towns need to get out of the tourism business and the people that benefit are probably best suited to, this is certainly consistent with that because you know, it's the business community that is basically taxing themselves I guess for lack, and I know Brian, you don't like the word tax....but they themselves and then obviously causes that might benefit them. This is the one thing and I met with groups several times, I said, I am not hearing from the businesses that would be impacted I have had two express opposition, one last week and one a few weeks ago and I have gotten emails from people that support it but by and large, most of the people that would be impacted haven't really weighed in one way or the other and what is troubling for me is I don't think ambivalence should be viewed as support. It shouldn't be viewed as opposition either, it should be viewed for a no vote and I really want them to weigh in on it. I am not sure because they are so busy funning businesses that they have a clear understanding of what this would do. I don't know. MR. BATES: But again, this is not the time necessarily to have that public hearing. SUPERVISOR RUSSELL: Fair enough. MR. BATES: Just the legislation to go forward and then we would have, you would have to weigh in with a home rule resolution, there would then be an inter-municipal agreement that would be fleshed out with your input. At that point you can decide whether or not Southold should join. COUNCILWOMAN DOHERTY: So what are you asking from us tonight? Southold Town Regular Board Meeting March 14, 2018 page 52 MR. BATES: That we can proceed with this legislation and we can tell Fred Thiele that he can issue it and start working on it up in Albany. COUNCILWOMAN DOHERTY: You just need a verbal, I mean you need a resolution, do you need a letter? MR. BATES: No, no. Although it would be nice... COUNCILWOMAN DOHERTY: Generally you need something in writing, that's what I.... MR. BATES: The other towns, East Hampton that has the most hotel rooms on the east end already provided their support, very quickly in fact they did, so last year, and they provided approval subject to some comments they would like resolved in the inter-municipal agreement process. Riverhead is on board and Southampton is on board, subject again to some comments. SUPERVISOR RUSSELL: Usually what a board would do is authorize the Supervisor to sign a letter in support of. That's how the paper trail would, it's not as formal as.... COUNCILMAN DINIZIO: I would be willing to do that, Scott. I don't know what the process is but I hope that it doesn't turn into something else but I think that the businesses are the ones that are going to be collecting the money and they are going to be the ones that benefit from it but perhaps we do to from our traffic and you know... MR. BATES: It's an opportunity to have the businesses deal with something we believe is the only way that we are going to be able to grow our businesses is if we resolve some of the issues that are strains on the infrastructure. And when you talk about, the county is going to be collecting the money because they already collect the hotel tax and we can put it on the same form, we have already talked to the comptroller, Al Krupski has, it's going to be on the same form as the hotel tax, one dollar per occupied room for a bed and breakfast, it's going to be $4 if they are full so it's not a huge lift. And again, it's something that we are confident that will help address a problem that exists right now with regard to the congestion and we will help everybody that.... SUPERVISOR RUSSELL: What we should do, is, we haven't really taken this up in any type of formal capacity. We should put this on for discussion in two weeks at the work session. Would that be something... MR. BATES: We really need to get this back up to Fred. Is there any way you can expedite that... SUPERVISOR RUSSELL: I am just reading the text now. When are they out of session? They should at least be in session for.... MR. BATES: He gave us a deadline because he believes the committee process and whatever will take that long to get through. Southold Town Regular Board Meeting March 14, 2018 page 53 Bryan DeLuca BRYAN DELUCA: Bryan DeLuca. Inaudible. This is my full-time job, I also run the Hyatt and the marina there. I have been operating the East End Tourism Alliance for the past nine years, it's a not-for-profit organization, I am a co-founder of that organization. We have applied for grants over the past several years. Probably received over a million dollars in state grants. It's very inconsistent at times and having a funding source would be ideal for us and always recognizing the impacts on residents, having some type of mechanism in place for peak weekends, whatever they may be, for each fork, that's what we want to accomplish, so we can look to continue to grow our business. The support that we are getting from East Hampton which is the lions share of hotel rooms is probably half a million dollars in revenue generated there and Southampton also and Riverhead is sizeable, so we have been peddling this for a little over eight months already and I have met on three different occasions with business owners at different properties and did a little dog and pony show about what we are doing, how we are going about this and for the most part we have, I would say nine out of ten people supporting what we are looking to accomplish. The beauty of this is the funds stay in our own region, in our own community. The hotel/motel tax that gets collected, the 3% tax that gets collected, which is at times getting proposed to be raised.. That's $10 million that gets raised. Only $2 million comes back to discover Long Island and what comes back to the east end, I am sure you hear more than not that we don't get our fair share. I am the secretary of Discover Long Island, I am on the executive board, I have been on the executive board for five years, make a great effort there to market Long Island with I Love New York and overseas with (inaudible) USA and we have things in place that they can help us on the larger scale. Our needs are for the most part are here and transportation and that is what we are looking to address. There is a mechanism called the tourism marketing district. There is 160 around the country that are working effectively, the money stays in their own region,-their own town. And it is a very unique opportunity. When we presented this concept to Senator LaValle and Assemblyman Thiele loved it. Fred loved it and drafted legislation and we are here today, this is our last ditch effort because I am trying to stay in Fred's timeline because it's still, it's unprecedented in some respects for us to get through the committees and the state legislation and the governor has got to sign it for an unprecedented first time, inter-municipal agreement which is basically the bid law that we are following but it has been so crafted that it's not something new that state legislator is going to look at it and say you know, this is an odd duck. This is the bid law and we are just forming it to really have an inter- municipal agreement between five towns. But you know, I am trying to stay within Fred's timeline so he can get his lobby team together to get it in front of the committee, get it in front of the state legislature, and the governor sign it. so it's a heavy lift either way to get through that but for me, this makes a lot of sense on the go forward as far as lessening the impacts on our residents and still finding a way to help increase our tourism business and have people that do come out be able to get on a hop on/hop off shuttle. We've gotten three grants over the past couple of years. Veteran's weekend we ran it here on the north fork, Columbus Day weekend on the south fork and we have had great success. The last time we ran it we had 2,500 people taking the shuttle around. Coming out from Manhattan, coming from Connecticut. The East End Tourism Alliance funded that last trolley, we put $5,000 towards that last trolley that you guys put together with the North Fork Promotion Council. So we are a little bit behind the scenes sometimes, not always out there touting, waving our flag over what we are doing but we are always getting the funds from the state whenever we can but it's inconsistent. This gives us Southold Town Regular Board Meeting March 14, 2018 page 54 consistent funding source and it helps solve the problem that we all face with the impact on our residents. And we are looking to resolve that, we have a great remedy. We would love to see Tesla electric busses at some point, any size, big small, 14 passengers, sure. We would love to have a pumpkin express, coming from Splish Splash when they close and getting people out here and lessen the amount of cars on the road, yes, all that can come to fruition. There would be a representative from each town on our board, that would have their input on how things evolve and how we support this organization and the funding of this organization. Do we foresee more MTA trips coming out from New York City because now we have a hop on, hop off bus that is stopping at the train, stopping at the downtown, stopping at the restaurants, yes, we foresee that. Again, I have been at this nine years working with all the five towns and have had success working with everybody and supporting. I don't know if anybody has seen the last video grant we just did, we did beautiful videos for the town. You will see them come up shortly but that was a nice grant that we just put together and there will be a video just for Southold. So, you know, 1, we have been asking for six or seven months now and we are down to the wire and I am trying to stay on Fred's timeline. I guess this is not.... SUPERVISOR RUSSELL: I appreciate that you have been, and I know what your position is but the only thing I have been saying right along, where are the local voices, the stakeholders here that will be part of the equation, which is the lodging industry. Where are they? I have about eight that support it, I have two so far that oppose it and most have been silent on it. I have got to be honest, I think they are silent on it because they don't really know about it and I think when we had a meeting recently, there was well, we sent this out and this is the people that showed up. But I read what they sent out and it seemed more like a sales pitch rather than an objective mailing. If you want to get people in a room, you want to get those industries in a room, put at the top of the thing, to discuss a new tax and then they will start to show up. I don't think that has taken place yet and I realize it's a fee not a tax but for practical purposes, but, where are they? I mean, if this is for them, why aren't they here expressing support for it? I can't figure that out, I don't know. I asked you guys all along, I will be open minded. I just want to hear from that industry. MR. DELUCA: I believe you have gotten emails from them, I know there's been several meetings already, I mean, there are meetings I didn't attend just so Duncan and Dave and those teams, so they have been here.... SUPERVISOR RUSSELL: Yes. MR. DELUCA: So, I mean, how many times do we come? If they have been here before? SUPERVISOR RUSSELL: That's my point, I told Duncan at the last meeting, I told him I will go anywhere, I met with him at the last meeting with about eight people altogether. Eight? There's about 34 approved B&B's in this town alone plus you have several hotels and I haven't heard from any of them. So yes, we have gotten some emails but not that many and what I would ask, where is the outreach to get these businesses on board? I mean, I don't want to tell them what's good for them, I want them to tell me what's good for them. I am not going to say let's do this because it's good for you. They can just come and tell me that and they just have it. Southold Town Regular Board Meeting March 14, 2018 page 55 MR. DELUCA: Well, I understood that they have and I have been meetings that I have made presentations to them and they all were supportive of it and I understand that you have gotten some emails. Yes, I haven't gotten to everybody, I will be the first one to admit, usually feeding the sharks or something interesting like that but this is a dynamic year that you know, it's a unique opportunity that we can support our tourism business and not impact our residents and these businesses that we have communicated with are supportive of this, they are all in support of it. and your commitment tonight doesn't necessarily put anybody in a position other than you can opt out once we have further hearings. JUSTICE EVANS: The problem I have with committing tonight is it wasn't on the agenda, it wasn't on our work session and also we would be committing to something that we haven't, as a Board, put out to the public. MR. DELUCA: Well, it doesn't have to go out to the public again, it's not... SUPERVISOR RUSSELL: Were you scheduled to be on? Did you call my office, set up a meeting, scheduled to meet? MR. DELUCA: I never got an appointment, no. SUPERVISOR RUSSELL: Just last week I told them, I thought they were going to set something up. That's our mistake, I do want to meet with you. That certainly wasn't a slight, it wasn't intentional. MR. DELUCA: Thank you. COUNCILMAN GHOSIO: Has the Town Attorney had the opportunity to review this? TOWN ATTORNEY DUFFY: Inaudible. COUNCILMAN GHOSIO: Then I would suggest we discuss it in two weeks at our work session. SUPERVISOR RUSSELL: I tell you what, can I do this? Can I contact Assemblyman Thiele's office tomorrow to see how hard the deadline is on two weeks? Because that would be our next scheduled meeting and if he needs it before that, I will let the Board know and figure out what they want to do from there but I really would like the attorney to review it and have a fuller understanding but ultimately all this would do is generate the home rule request that comes back to us? This isn't the home rule. MR. DELUCA: Correct. SUPERVISOR RUSSELL: That would generate the home rule, so at any point we could say we are not issuing home rule on it. Southold Town Regular Board Meeting March 14, 2018 page 56 UNIDENTIFIED: Inaudible comments from audience. SUPERVISOR RUSSELL: Right. This is just a mechanical step of the process. UNIDENTIFIED: Right, what Fred really wanted was to say each town go back and say did you have any input on that tax? So when he draws up the legislation (inaudible) COUNCILWOMAN DOHERTY: You understand where we are coming from, we have a process. When somebody requests something from us, we put it on the work session so it's in front of the public, so you know, people can hear about it and to just say something to us that nobody knows about and expect an answer tonight is not out process. Even though we have discussed it before. MR. BATES: We certainly recognize that it is going to have to go to a public hearing. MR. DELUCA: We didn't think that this was that time, I appreciate your offer to call Fred Thiele's office and see what the hard deadline is. We would really love to move forward with all five towns, now we have heard that we can move forward with fewer than five towns but it would be a real shame not to have Southold part of this because obviously this is, this whole transportation solution is made for Southold, something that we strongly believe. JUSTICE EVANS: And I think the transportation part of it is something everyone needs out here but this covers so much more than that,just from skimming through it now, so that's why we need a chance to look at it. COUNCILMAN GHOSIO: There are seven, basically there are seven bullet points that this is going to be dealing with. One is the transportation. The other six are all involved with promoting the region. And so I think it's, you know, a little disingenuous to stand here and say this is all about trying to address the traffic in Southold Town. It's not. MR. BATES: We do have some other documentation that we will provide to you. We actually have folders but the budgets that we are talking about, half of the resources would go toward transportation, so... UNIDENTIFIED: Inaudible. MR. BATES: It's really, it's an opportunity for the tourism businesses to grow their businesses without putting further pressure on the public. Which is, not for nothing but when I arrived out here way back in 2004, I sat down with Joe Gergela and a bunch of guys and wrote to Tim Bishop to see if we could find some kind of solution to provide a transportation network out here so that we wouldn't have to draw 20 million worth of cars out here to grow the winery industry and of course, time has gone on but this finally is an opportunity to raise money painlessly, relatively painlessly, to start to provide a solution to one that is going to happen eventually anyway. There is going to have to be a solution out here because the roads are insufficient to carry the weight. Southold Town Regular Board Meeting March 14, 2018 page 57 UNIDIENTIFED: Inaudible. So that draft is to accommodate everybody's needs throughout the year. But each town has the opportunity to do what they want to do when they want to do it. (Inaudible). You have that flexibility to the funds that come back to your town. TOWN ATTORNEY DUFFY: Where is it in here? I don't see anywhere that funds come back to the town or a certain percentage comes back to the town. UNIDENTIFIED: Inaudible. MR. BATES: Inaudible. The inter-municipal agreement which will come out of this, which you will be a part of negotiating, is going to lay that all out and the mechanism and the governance and how the funds are going to be allocated annually. Dennis has been to two meetings already, so as we started to work on a draft of what that inter-municipal agreement is and how that breakdown is, so we are already forecasting that we will have success here and then be able to figure out how everybody gets the piece of the pie they want. SUPERVISOR RUSSELL: I did mention when we met some time ago, about the East End Transportation Alliance, because they have talked about a trolley for years. Was there any discussion there, any coordination? Because it seems like everybody wants to do a trolley now which is great but you have all these different organizations saying we want to get a trolley going and we are going to get grants to do it and I think the East End Transportation Commission had actually, they might have dropped it by now because it's been a while since I have been there but I was curious to know if you had reached out to them at all? MR. BATES: We have not because we want to have the funding to be able to reach out to everyone to find a solution. SUPERVISOR RUSSELL: Because they had talked about a grant at one point. MR. BATES: This would also give us the opportunity to have a base funding to go for federal grants for the transportation bill, so this is a very important step. COUNCILMAN GHOSIO: What is the projected revenue from this? MR. BATES: We project based on a very conservative hotel occupancy rate.... UNIDENTIFIED: It's about $800,000. Southold would generate about $160,000 in the first year. SUPERVISOR RUSSELL: I didn't want to discuss the details of the (inaudible) but I appreciate the whole effort to create a trolley but I think we talked some time ago about getting a budget in terms of liability, what's the startup costs, what's the annual operational costs and beyond that, what happens if it doesn't work? You still have that money coming in, if half is dedicated to a trolley now but ultimately it just doesn't work financially, does the hotel tax get cut in half? To cover what would basically be left of the function of the district? Southold Town Regular Board Meeting March 14, 2018 page 58 MR. BATES: This is all to be decided in the inter-municipal agreement, give us the chance to sit down and start negotiating that please. COUNCILMAN DINIZIO: I think that all this is doing really, is allowing what they want to do to be something legal, to happen. No one can do that now, what you want to do, except (inaudible)... MR. BATES: Right: COUNCILMAN DINIZIO: And you are just looking to form whatever law it is to say okay, now we can sign inter-municipal agreements between municipalities, in this case five of them. MR. BATES: If we can't, summarily can't come to an agreement among the five towns and businesses on an inter-municipal agreement, walk away. Inaudible. COUNCILMAN DINIZIO: Inaudible. That's basically what it comes down to. We don't have to sign anything... MR. BATES: No, no. UNIDENTIFIED: Scott, one of those transportation organizations is actually not a non-profit organized group. Inaudible. SUPERVISOR RUSSELL: No, I know that. This was the East End Transportation Alliance and their(inaudible) UNIDENTIFIED: Inaudible. You mentioned, I talked to him because I knew he was on one of those committees and they said (inaudible). SUPERVISOR RUSSELL: No, I know that. UNIDENTIFIED: Inaudible. SUPERVISOR RUSSELL: The East End Transportation Alliance was created probably back in the early 1990's. It's been there for a long time. They are the group that, it's representatives from all the towns, that's the group that commissioned the Volpe study which discussed long term solutions. I know trolleys had been discussed at some point but I have to be honest, I don't know how active it is anymore but when you get the Volpe study and the sticker price on that is a good way (inaudible) from all the wind, so, I just want a chance to read this thoroughly. I will talk to Fred, Assemblyman Thiele. I will keep in touch with you guys, if there's a necessity to meet before two weeks from now, is there a discussion about...? COUNCILWOMAN DOHERTY: Yes, I am willing to, once we vet it through and we get advice from the town attorney. Southold Town Regular Board Meeting March 14, 2018 page 59 SUPERVISOR RUSSELL: Let me talk to Fred, okay? Thank you. Would anybody else like to address the Town Board on any issue? Anne Murray ANNE MURRAY: Anne Murray from East Marion. I wanted to bring up something you discussed at the work session this morning, well, two things. One is this rental permit code proposed draft which I think is fabulous, thank you Jill for putting that together. the people in East Marion are very interested in that, also the short term rental issue. Scott, you had said this morning that the town needs to get more, take more of a hard line status I think is what you said, in terms of enforcing the short term rental law. SUPERVISOR RUSSELL: I would, I think we do take a hard line in terms of, for the most part we have gotten substantial compliance. There are some that don't though and I think at this stage of the game, they have had two years to comply and I think we can no longer shoot for just compliance. What we need to do is finally say you know what, you have got to go before a judge. You knew the rules, they have been there for over two years. No more, hey, we will cut a deal with you if you promise not to do it. We can't do that anymore, it's not working with the last of the, I don't even know what you would call them, let's call them the recidivists, whatever... MS. MURRAY: Well, there's a lot of repeat offenders, I think, I don't know, maybe the town attorney could tell us or you could tell us, has there been a lot of compliance in your experience or do you even really know? SUPERVISOR RUSSELL: Oh, I think there's been a great deal of compliance. But it doesn't mean that the problem has gone away and we do have cases in court, we really do. we filed a few right now that Bill can speak to but again, I have to be honest, we kicked this off, I saw (inaudible) not even a year ago, the law was already part of the books and we just recently saw it on AirBnB. You know, they bought into a community where they knew what the rules were. MS. MURRAY: There are three within two blocks of where I live. Same thing, that they were purchased or built after the transient rental code was put into effect. So, it hasn't been a deterrent at all, I can tell you that and I think that one of the issues that I had a question about was, when we spoke about this back in the fall, a group of us came to the Town Board in October and urged you to get tougher on the enforcement of this and one of the issues is, what is the standard of enforcement? Somebody, I forget who, said well you have to have proof beyond a reasonable doubt and when I looked back in the Suffolk Times stories when the law was first enacted in August of 2015, we were assured back then that just having an ad on AirBnB would be enough to make somebody a violator and that doesn't seem to have worked? So what is the standard of proof? In my opinion, this would be a civil matter not a criminal matter, so why do you need proof beyond a reasonable doubt? SUPERVISOR RUSSELL: Well, I will let Bill speak to that but before he does, I want to say it's not a deterrent is just simply not correct. The number of AirBnB rentals in this town has gone down substantially, substantially. We have got a ways to go but it really has. And you can point to the few that operate here and say look it doesn't work or you can point to the ones that Southold Town Regular Board Meeting March 14, 2018 page 60 used to operate that are no longer doing that and I can give you a list of those if you want to come to my office. Yes, we have more to do but we have gotten quite a bit. MS. MURRAY: Well, I know in East Marion one of our neighbors filed six complaints last summer. Week after week and nothing was done and I think that house is probably still on AirBnB for the spring. So, you know.... TOWN ATTORNEY DUFFY: Just a couple of questions, it is not a civil matter, we can go to Supreme Court to get civil injunctions against properties and that burden of proof would be preponderance of the evidence which is currently 51%... MS. MURRAY: I am having trouble hearing you Bill, sorry. TOWN ATTORNEY DUFFY: A civil matter is if we went to the Supreme Court to get an injunction but what you're referring to is that there is a presumption, there is presumption in the language that says based on the advertisement there is a presumption that, that only allows the code enforcement to issue a notice of violation... MS. MURRAY: Right. TOWN ATTORNEY DUFFY: To proceed any further, file a case in Justice Court you need probable cause and you need to support every element in your defense by (inaudible), it's a very, I don't want to get too much into what the burdens are and what the problems in enforcement are and give people a guidebook on how to usurp our laws but it's not the easiest case to prove and to get a conviction in Justice Court we do need beyond a reasonable doubt evidence. It's a criminal, quasi, it's considered a criminal, we have to follow criminal procedure law. It is considered a quasi-criminal action but you have to meet that burden to get a conviction, get fines. SUPERVISOR RUSSELL: And... MS. MURRAY: So in order to fine people, it has to be proof beyond a reasonable doubt? TOWN ATTORNEY DUFFY: Yes. MS. MURRAY: Wow. That doesn't... SUPERVISOR RUSSELL: Let me just... MS. MURRAY: ...hold true for code violations, does it? SUPERVISOR RUSSELL: Let me just point out that what the Board's position is at this point is to discuss with the attorneys and give them all of the resources that they need to make that happen. All of the resources to make that happen, to get to stage two, to step two in the process. Southold Town Regular Board Meeting March 14, 2018 page 61 MS. MURRAY: Well, I hope you can follow through on that because at least in East Marion it doesn't seem to have worked very well. Thank you. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? Benja Schwartz BENJA SCHWARTZ: Hello again. Benja Schwartz, Cutchogue. I did very much enjoy the reading this morning, particular I would like to discuss a little the first agenda item regarding the Agricultural Advisory Committee's proposal to codify the committee and I know you don't make decisions at work sessions but I was trying to remember how that discussion played out, the direction the Board was moving on that. Could you... SUPERVISOR RUSSELL: We actually had a pretty robust discussion, we decided as a Board was to take the proposal and convene a code committee meeting to discuss it and also the finer details. MR. SCHWARTZ: Okay, to take it to the code committee? SUPERVISOR RUSSELL: That's us. MR. SCHWARTZ: and, you, and that is then in the audio recording of the work session but there's no minutes for work session is what I am trying to get at. so if you had a little leaky sieve for a brain like me, you would have to go back to the recording to find out what happened at the work sessions. But that would be available on line, presumably soon. I understand it is being uploaded. So, speaking of the Agricultural Advisory Committee, I tried to ask the question during that discussion as to why they would want to codify the committee while there is already code pertaining to committees and that is not being complied with or being followed. Just while I was sitting here, I was looking into the posted data base here for the Agricultural Advisory Committee, there is one document. Happens to be the minutes of a town board meeting June 30, 1992 at which time the Town Board, as it was then constituted, voted to establish the Southold Town Agricultural Advisory Committee with 12 members, now looking at the official town website, Southold Town New York.gov, the Agricultural Advisory committee has nine members. And there is here one sentence that's entitled mission statement, it says created in June 2002, so there's a little discrepancy between the official website and the data base website, laserfiche, which is also an official government website for this town. With the date of creation for the committee, the charges and duties, the purpose of the committee and do you understand what, why that is? Do you know? SUPERVISOR RUSSELL: I will have to review all of that and certainly provide as many answers as I can to you but to be candid, I was unaware of a resolution from 1992. I was in my second year in office as an Assessor and you are right, we probably should be more cognizant when we create new committee's and resolutions of what had been done in the past. COUNCILWOMAN DOHERTY: But sometimes we add to mission statements years later, after the committee has been formed. I don't know what you are looking at but it could have been Southold Town Regular Board Meeting March 14, 2018 page 62 something where it was 1992, when they had the committee but they did a more defined mission statement years later. MR. SCHWARTZ: Maybe the Town Clerk's office has some comments on this? SUPERVISOR RUSSELL: She is not available. She is away. MR. SCHWARTZ: Well, are you not... SUPERVISOR RUSSELL: Don't put the Deputy Town Clerk on the spot. We have a Town Clerk, she is the elected official, Elizabeth Neville. MR. SCHWARTZ: Okay. I'll put you on the spot, how's that? SUPERVISOR RUSSELL: I don't know what the intent of the legislation was in 2002 but I will certainly read it and try to determine that. I am unaware of why they needed to take an action (inaudible). MR. SCHWARTZ: What is your intent, now? In terms of committees because I have had a very similar discussion with the Land Preservation Committee and the code committee itself, you have already admitted tonight has similar issues. So we have a system, organization here, media, we have these two websites and as I am sure you recall, I brought this up with you several years ago, maybe five years ago, and I remember you started a review of all the committees but I don't know what happened to that initiative, it was never formally announced and it seems to just, it petered out without results. SUPERVISOR RUSSELL: We, the goal was to create a mission statement for each. They have all done that. To my knowledge every one of them has a mission statement that should be available on-line. MR. SCHWARTZ: On the laserfiche. The code committee doesn't even have a folder on the laserfiche, let alone a mission statement, minutes. There should be a template that applies to each one and if it's not filled in, it should be filled in and then if it needs to be customized for a particular committee, fine but there should be some uniformity and following the town law which is chapter 13 of the code of the Town of Southold. Does anybody disagree with that? SUPERVISOR RUSSELL: The code committee is, I would agree with you, the first thing we need to do is establish a secretary for minutes. We have tried to do that. But the code committee doesn't meet on say the third Thursday of every month, so for people that would be willing to do the minutes, they don't know when they would need to be available. Sometimes we meet a little later in order to get the entire Board there, sometimes a little sooner but we don't do it with any regularity, so it's very difficult for someone to say oh, I will do the minutes for you and then by the way the day before we are having the meeting. It's not fair, people need structure and they need a schedule. We haven't been able to provide that so we haven't been able to find a secretary. Southold Town Regular Board Meeting March 14, 2018 page 63 MR. SCHWARTZ: With all due respect, you made a decision this morning to forward that or refer that matter to the code committee, perhaps the code committee, I don't know... SUPERVISOR RUSSELL: I agree. I agree. MR. SCHWARTZ: I also don't believe that I would be available for the rescheduled public hearing on the agricultural, the special events law which by the way includes a new committee and a committee that is being proposed to being codified without reference or connection with the current code. But you know, I could stand up here and I can say this again and again, you can do something about it. You can ensure that this government operates according to its own laws, let alone the laws of New York State. The United States. Regarding another matter on the agenda this morning, the Fishers Island town sidewalk projects, seems to be quite a well plan, it's been in the works for a long time. I heard estimates of$1,300,000 over we don't know over how many years, maybe $500,000 the first year. I think that's wonderful, I am so happy for Fishers Island. I am jealous, I live on the north fork. We don't even know where our sidewalks are. We don't have a map let alone an inventory of the state and conditions. I have proposed it, it wouldn't cost much but someone has to do it. JUSTICE EVANS: The original inventory of the Fishers Island sidewalks was done by volunteers on the island that put together an extensive study, took photographs, GPS, everything but it was done by volunteers on the island. MR. SCHWARTZ: And why couldn't the same thing be done here? SUPERVISOR RUSSELL: Well, the volunteers haven't stepped forward. INAUDIBLE MR. SCHWARTZ: I absolutely would volunteer to participate in such a project. Would you support such a project? Bob? COUNCILMAN GHOSIO: Yes. MR. SCHWARTZ: Okay, we have already quite a few sidewalks and some of them are useable, some aren't. We don't, to my knowledge, have any bike paths yet. but I would love to see one or more of those sidewalks converted to bike or alternative, you know bikes can also be electrified these days. You can also have, if you have the right size bike paths, people could have electric trikes instead of cars. On a similar subject but a little different, I just, coming in to the meeting tonight, some cars were passing by at a high rate of speed and I was waiting for them to pass by but they were honking at me, I was standing too close to the road and I was wondering why we don't have a crosswalk? Has anybody ever requested, maybe New York State would have to authorize a crosswalk on the Main Road but it seems like the parking on the other side of the road for Town Hall here is utilized by many residents. Has there been any discussion of that to your knowledge? Southold Town Regular Board Meeting March 14, 2018 page 64 COUNCILWOMAN DOHERTY: We did discuss it a couple of months ago, it was brought up. I don't know what the outcome was, of that discussion. MR. SCHWARTZ: It seems like you have got that turn in the road, the bend where the church used to be and then you have got the hamlet center and in between everybody is speeding up, so it wouldn't, I am not saying put a stop sign there like you did on Pequash. It's getting late, I would like to turn to the special even committee, as opposed to the odd committee. That's what it's called the special even committee, also referred to as the committee. Now, I don't understand, there's one, two, three, four basic members of this committee. Every one of them, are they going to have a meeting for every special event? Are they going to be meeting twice a month? These are all very busy people, the police chief or it could be a designee of the police chief... SUPERVISOR RUSSELL: Let me just point out, there is nothing new here, these are the same people that are reviewing current applications. MR. SCHWARTZ: So do they vote on each application? Or how does that work? COUNCILMAN DINIZIO: Really, the building inspector, we ask him does this applicant have any outstanding violations, same with the police, what was it like last time when they had an event, did we have to go there or? Basically it's just an input kind of ongoing... MR. SCHWARTZ: So either comment or abstain from comment. COUNCILMAN DINIZIO: Right, it's not necessarily we vote you can have it... COUNCILWOMAN DOHERTY: It's a review. COUNCILMAN DINIZIO: They are just saying, they want to know how it's going. We grant a lot of permits and to a lot of the same people, and we just want to make sure they were good actors before and that they will be good actors. The ZBA is the same way, you know, do they have a variance now, you know, all those things. SUPERVISOR RUSSELL: What they do is they provide insight based on their area of concern. If you are a police chief, you are going to look at ingress/egress, safety issues. If you are a building inspector you are going to look at compliance with sanitary systems and all those things. So everybody offers their input based on that application. They do not say yes or no, ultimately that would be the Town Board's job to say yes or no, upon the adoption of that law. MR. SCHWARTZ: Well, I have a little, it's confusing to me to call that a committee... SUPERVISOR RUSSELL: Yes, I would agree. MR. SCHWARTZ: Are they going to be meeting? I would just refer to... Southold Town Regular Board Meeting March 14, 2018 page 65 COUNCILMAN GHOSIO: We are going to be having meetings I mean by virtue of the fact that we have assigned a secretary to them, so presumably there will be times where there would be meetings. MR. SCHWARTZ: Possibly the secretary might just forward the information to each one and then record their responses and make sure everybody has responded. COUNCILMAN DINIZIO: That's what she does now, the ZBA. MR. SCHWARTZ: You know, the committees, they serve without compensation, all these people are compensated but it's going to take up their time. And then we have the applicant who denied a permit by the Town Board may apply back to the Town Board for reconsideration on which event there shall be a public hearing. And then the Town Board shall decide whether or not to change their decision, I think there's a little error there, it says, because the language from the original law, it says the Town Board following public hearing may affirm, amend or reverse its determination, oh, the determination of the Zoning Board of Appeals which is crossed out, doesn't make sense. The determination should be crossed out also. May reverse its prior decision of the Town Board. But you know, I,just, I wish you could find another way to have the decisions processed rather than taking up time of these important people and the Town Board. SUPERVISOR RUSSELL: That's how they are processed. MR. SCHWARTZ: Is the Town Board going to have a resolution for every special event at Town Board meetings? Is this every single special event in town is now going to be added to the Town Board agenda? SUPERVISOR RUSSELL: You talk about process, that is the process. What you talked about, you would like to see a process, that's it. it's in there. MR. SCHWARTZ: Well, my feeling is that this is not the kind of, the Town Board has enough on their plate, rather than, the Town Board's role would be to establish standards and principles by which these specific applications can be measured and a determination can be rendered by an administrative bureaucratic agent. And then if that is appealed, it could come before the Town Board but I think you have enough to do. Have a good night. Supervisor Russell SUPERVISOR RUSSELL: Thank you, Benja. Southold Town Regular Board Meeting March 14, 2018 page 66 Motion To: Adjourn Town Board Meeting RESOLVED that this meeting of the Southold Town Board be and hereby is declared adjourned at 9:00 P.M. Lynda M. Rudder Deputy Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell